MANGALDAS MOHANLAL PATEL Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal arises out of the Motor Accidents Claims Petition No. 85 of 1976 decided by the Motor Accidents Claims Tribunal No. 1-A Ahmedabad City. The application was filed under sec. 110A of the Motor Vehicles Act claiming compensation of Rs. 42 0 for the death of one Ashvinkumar who was killed in a military motor truck accident which took place on 1/04/1976.

(2.) The facts of the case are that at the time of time accident Ashvinkumar came out from Manhar Society and was going on a public road leading to the Civil Hospital. He was on his bicycle and he was riding the cycle on the left side of the road. In the meanwhile military motor truck bearing No. 73 D 10699 II driven by opponent No. 2 came from behind and knocked Ashvinkumar on the road. It is alleged that the truck was driven at a fast speed and negligently. The left side of the front bumper of the truck is alleged to have dashed against the cycle of Ashvinkumar. After Ashvinkumar fell down on the road the front left wheel of the truck ran over his head and Ashvinkumar died on the spot. The applicants who are the parents of the deceased Ashvinkumar have alleged that the accident occurred on account of the negligent driving of the military motor truck by opponent No. 2 and therefore both the opponents are responsible for the accident and they are liable to pay the compensation. The applicants had claimed Rs 42 0 for the death of their son Ashvinkumar. Ashvinkumar was the only son of the appellants.

(3.) The Motor Accidents Claims Tribunal who heard the compensation case came to the conclusion that the injuries were received by Ashvinkumar on account of the wrongful act and neglect on the part of the opponent No. 2 and therefore the opponents are liable for the said act and after holding that the opponent No. 2 is negligent the Tribunal has awarded the compensation of Rs. 21 0 to the appellants with 6 interest from the date of the application and costs and the opponent No. 1 is directed to deposit the amount of Rs. 21 0 together with interest and costs within six week from the date of the order i.e. 1/12/1977.